December 3, 1962 - 2:30 PM - County Board of Commissioners Meeting Minutes

December 3, 1962 - 230pm1 8Fit width55 IMe--eting of _Board of Commissioners for the County _ of_- JohnstonDecember 3, 1962The Johnston County Board of County Commissioners reconvened in regular sessionat 230 P M, in the Commissioners Room of the Courthouse, with the following memberspresentH M Johnson, J D Bailey, Frank B Holding, Jesse H Austin, Jr and Norman CDenningAbsent NoneThe following business was transactedCommissioner H t1 Johnson welcomed to the Board Commissioners Denning and Austinand proceeded with the reorganization of the Board1 Election ChairmanCommissioner J D Bailey nominated Commissioner H M Johnson for Chairman of theBoardCommissioner Norman C Denning moved that the nominations be closed, and that H MJohnson be elected ChairmanCommissioner Jesse H Austin, Jr seconded the motion, which was unanimouslycarried2 Election Vice - ChairmanCommissioner Frank B Holding nominated J D Bailey for Vice - Chairman of theBoardCommissioner Norman C Denning moved that the nomination be closed and thatCommissioner J D Bailey be elected Vice - ChairmanCommissioner Jesse H Austin, Jr, 96 nded the motion,`which was -- unanimouslydarxied3 Civil DefenseUpon the recommendation of Wilson Jiggs Broadwell, Civil Defense Director,Commissioner Frank B Holding moved that 050000 be appropriated from the extra helpaccount in the Civil Defense budget and transferred to the supply account in saidbudget for the purpose of paying to the Town of Selma 410000, representing partialexpense for the installation of oil and gas heaters in the Civil Defense office inSelma, and providing other funds that may be incurred in the supply accountCommissioner J D Bailey seconded the motion, which was carried4 ResolutionCommissioner Frank B Holding introduced the following resolution and moved thatit be adoptedResolutionWhereas the year 1963 will mark the tercentenary of the Charter by which KingCharles II of England conveyed to Edward, Earl of Clarendon; George, Duke of Albermarle;William, Lord Craven; John, Lord Berkeley; Anthony, Lord Ashley; Sir George Carteret,knight and baronet; Sir William Berkeley,knight; and Sir John Colleton, knight andbaronet all that territoryin Americawithin six and thirty degrees of the northernlatitude and to the west as far as the South Seas, and so southerly as far asone andthirty degrees of north latitude ;1, andWhereas the foregoing event constitutes a major landmark in the early historyof North Carolina as an English colony; andWhereas it is fitting and desirable that we commemorate the beginnings of theState of North Carolina;Whereas the General Assembly of the State of North Carolina has seen fit toestablish the Carolina Charter Tercentenary Commission to plan and develop a programfor celebration of the tercentary of the aforementioned Carolina Charter of 1663; andWhereas the aforesaid Carolina Charter Tercentenary Commission through itscommittee on Commemorative Events seeks to promote and encourage the observance of theaforesaid Tercentenary throughout the State of North Carolina by various means includinglocally planned and executed programs and commemorative exercises;Now Therefore Be It Resolved by the Commissioners of Johnston County thata Dill proper support shall be provided by them for the successful execution-- -- - - - -- of the program of the Tercentenary in Johnston County -- -IIIii7bDecember 3_1962 °- Cnntj-b all citizens of Johnston County shall be informed concerning the nature andsignificance of the Tercentenary and are hereby urged to participate in programs plan-ned for its observance;c all agencies, public and private, shall be urged to extend full co- operationwith representatives of the Committee of Commemorative Events and of other committeesof the Carolina Charter Tercentenary Commission in the formulation and execution ofplans for the observance of the Tercentenary in Johnston CountyCommissioner J D Bailey seconded the motion, which was carried5 Disposition of Confiscated ABC liquorUpon the recommendation of W R Britt, County Attorney, Commissioner Frank BHolding moved that approximately 22 pints of confiscated ABC liquor placed in thecustody of the Sheriff of Johnston County by Judge L H Champion of Clayton DistrictCourt be turned over to the Johnston Memorial Hospital to be used for medicinal pur-posesCommissioner J D Bailey seconded the motion, which was carried6 Payment County Membership DuesCommissioner J D Bailey moved that the Institute of Government, University ofNorth Carolina, Chapel Hill, be paid 31468, representing county membership dues forthe year 1962 -1963Commissioner Frank B Holding seconded the motion, which was carried7 Payment N C Association County CommissionersCommissioner Frank B Holding moved that the North Carolina Association of CountyCommissioners, 205 Lennox Building, Chapel Hill, be paid 31450, representing one -half of the countys membership service fee for 1962 -1963Commissioner J D Bailey seconded the motion, which was carried8 Inman Plumbing and Heating CompanyUpon the recommendation of Harry K McGee, Architect, Commissioner Frank B Holdingmoved that Inman Plumbing and Heating Company, Inc, 301 S 5th Street,St Paul, N Cbe paid 38800 representing final estimate for period from September 26, 1962 toNovember 19, 1902, on plumbing contract of the Johnston County Agricultural Building,according to Estimate on file with W H Britt, AuditorCommissioner J D Bailey seconded the motion, which was carried9 Associated SurveysUpon the recommendation of W H Britt, Auditor, Commissioner Frank B Holdinmoved that Associated Surveys be paid 16,200 for appraisal work to December 1, 1992according to Progress Report No 11 on file with W H Britt, Auditor, subject, how-ever, to the approval of said W H Britt, AuditorCommissioner J D Bailey seconded the motion, which was carried10 Roadsa The request of Heber Johnson, Jr, R #2, Benson, N C for SR 1113 was referredto J I Lynch, District Engineer, for investigationb The request of Roy Tart, R #2, Dunn, NC for improvement of SR 1126 was referredto J I Lynch, District Engineer,for investigation11 LibraryMrs Eleanor Hooks, County Librarian, and Mrs Raleigh Griffin, Trustee LibraryBoard, presented the following resolutionResolution Respecting Joint Use of a New Library Building by the JohnstonCounty Library and the Smithfield Public LibraryBE IT HEREBY RESOLVED that the Board of Trustees of the Johnston County Library,after consideration of a proposal that the Johnston County Library and the SmithfieldPublic cLibrary use jointly a new library building and after having received encouragingreplies to an inquiry concerning said proposal directed to the local libraries servedby the Johnston County Library, recommends to the Board of County Commissioners that acommittee of representatives of the County of Johnston be appointed by said Board ofCounty Commissioners to meet with representatives of the Town of Smithfield to inves-tigate further this proposal and at a later date make more specific recommendations inthis connectionSubsequent to a discussion of the foregoing resolution, Commissioner Norman CDenning moved that Commissioner Jesse H Austin, Jr and W R Britt, County Attorney,be appointed as a committee to meet with representatives of the Town of Smithfield toinvestigate further the joint use of a new library building by the Johnston CountyLibrary and the Smithfield Public LibraryCommissioner Frank B Holding seconded the motion, which was carried12 Report as to geed for RepairsRoy F Tart, proclaiming himself a eitizenof Johnston County, called to theattention of the Board the need for repairing and renovating seats in Commissionersroom, walls and doors of the courthouseCommissioner J D Bailey expressed his appreciation for the interest manifestedby Mr Tart and advised him that his recommendations would be considered13 Holiday ScheduleCommissioner Frank B Holding moved that the Christmas Holidays for the courthouseand departments of county government be for a period beginning Saturday, December 22,at 12 oclock noon and ending on Wednesday morning, December 26, at 830 A MCommissioner J D Bailey seconded the motion, which was carried14 Appointment Tax CollectorAfter deliberating upon the nine applications for the position of Johnston CountyTax Collector, deemed by each member of the board that each applicant would make a goodTax Collector and well qualified, Commissioner J DBailey moved that Edgar L Baugham,of Smithfield, N C, be appointed Tax Collector of Johnston County to serve at thewill of the BoardCommissioner Norman C Denning seconded the motion, which was carried withoutdissent15 Appointment County AttorneyCommissioner Frank B Holding moved that W R Britt, Smithfield, N C be re-appointed County Attorney for a period of two yearsCommissioner Norman CDenning seconded the motion, which was unanimously carried16 Appointment Doz WardenCommissioner J D Bailey moved that Rubert Barbour, Four Oaks, N C be reappoint-ed Dog Warden for a term of two yearsCommissioner Jesse H Austin, Jr seconded the motion, which was unanimouslycarried17 Appointment of Veterans Service OfficerCommissioner Frank B Holding moved that L P Creech, Pine Level, N C, bereappointed Veterans ,Service Officer for a term of two yearsCommissioner J D Bailey seconded the motion, which was unanimously carried18 Appointment Electrical InspectorCommissioner Jesse H Austir, Jr moved that M W Knott, Clayton, N C, be re-appointed Electrical Inspector for a term of one yearCommissioner J D Bailey seconded the motion, which was unanimously carried19 Appointment Vice - RecorderCommissioner Frank B Holding moved that Rhetta Martin, Smithfield, N C bereappointed Vice- Recorder of the Johnston County Recorders and Domestic RelationsCourt for a term of two yearsCommissioner J D Bailey seconded the motion, which was unanimously carriedi20 Appointment Fire CommissionerChairman H M Johnson appointed Norman C Denning as Fire Commissioner ofJohnston County to succeed R G Gurley21 Appointment Trustees Johnston Memorial HospitalCommissioner J D Bailey moved that G Willie Lee, R #l, Willow Springs, CarlGurley, Princeton, N C, and C P Worley, Jr, Selma, N C be reappointed as--- - - —- Trustees of the Johnston Memorial Hospital for a term of six years, terminating October1966I58-_ - -- December _3t _1962 __CoptCommissioner Jesse H Austin, Jr seconded the motion, which was unanimouslycarried22 Tax Collectors OfficeAppearing before the Board at their request, Edgar L Baugham accepted the positionof Tax Collector and assured the Board that it was his intention to push ahead in thecollection of taxes, and that he expected the backing of the Board in him endeavorsHe was assured by the Board that they stood behind him and expected him to carry outhis duties efficiently and industriouslyAfter a discussion of the audit and when Mr Baugham should enter upon his dutiesas Tax Collector, Commissioner Frank B Holding moved that Daniel G Matthews, CPA beemployed to audit the accounts of Mrs Elizabeth G Lane, Acting Tax Collector, at thetime prescribed by Mr Matthews, which would entail the Tax Collectors office beingclosed from December 22, 1962 through December 26, 1962, at the rate of 4000 per dayper man with eight hours constituting a days workFurther moved that Mr Baugham commence his duties on December 4, 1962 and thathe proceed to furnish bond in the amount of 25,000 as required of the Tax Collector,with the understanding that full responsibility would not attach until completionof the Audit, and that Mrs Elizabeth G Lanes present salary would continue throughDecember 31, 1962Commissioner J D Bailey seconded the motion, which was carried23 RepairsW G Massey was authorized and directed to repair the chairs in the Commissionersroom and to have walls plastered in the Registers of Deeds office, Commissioners roomand the courtroom24 InsuranceIn accordance with instructions from the Board, W G Massey, Clerk, reviewed thecash value placed on county property for insurance coverage under the Public and In-stitutional Policy Plan arrived at with the help of Mr Jack Lewis of Associated Surveysand Mr Dixon of the State Insurance CommissionInformation was given members of the Board of the initial steps to be taken toinaugurate the insurance plan, which is as follows;a Declaration of valuesb Appointment of insurance agent of recordc Application Fire insurance Bureau for rated Submission of bids to insurance agentsThe Board deferred the establishing of values and the appointment of an agent ofrecord until the next regular meeting25 Audit Daniel G MatthewsDaniel G Matthews, CPA, who has supervision of clerical employees in the TaxCollectors office, employed to mail out statements of taxes due for confirmation bythe taxpayer, confirmed that he is only charging the county at the rate of 500 perhour for the time his man is on the job and that he usually came inthe afternoon tothe Tax Gollectors Office to do his work26 Audit Fire DepartmentsW H Britt, Auditor, on behalf of Daniel G Matthews, CPA, submitted audit reportson examination of Johnston County Fire Departments for the year ending June 30, 196227 Audit Justices of the PeaceW H Britt, Auditor, on behalf of Daniel G Matthews, CPA, submitted audit reportsof Justices of the Peace of Johnston County of accounts as of June 30, 196228 Payment for Drawing JuriesOrdered that Cora Belle Ives, Justice of the Peace, and Ben H Peterson, Justiceof the Peace, be paid 04000 each for official services rendered in the drawing ofJuries for the year 19 229 Westinghouse Electric CorporationW G Massey, Clerk, was authorized and directed to consult with Harry K McGee,Architect, relative to the invoice of Westin house Elebtric Corporation for adjustmentservices of the elevator on 92362 and 92662 in the amount of 4310y60l 62_ SContJ34 Approval Surety BondsCommissioner Frank B Holding moved that the surety bonds of the followingofficials be approvedConstablesPrincipal Township Surety Agent AmountBrad McLambBannerJ Ed Johnson20000Dwight SandersWildersR L Cooper Co20000William ParrishSelmaLeslie M Parrish20000Leo BarbourWilson MillsLester Barbour20000Johnie ThompsonBoon HillW Cecil Capps20000Braxton HintonSmithfieldT C Massengill20000Robert G Fitzgerald MicroW C Fitzgerald20000J Waylon HintonOsNealsD 0 Wilder20000Roby C LeeBentonvilleW C Stewart20000Harvey C BarbourElevationEdwin F Morgan20000J Donald MatthewsClevelandJ Marvin Johnson20000James PurvisingramsMarjorie A Parker20000George HayesMeadowW P Lee20000Hubert V EdgertonBeulahPearl L Edgerton20000Roy NorrisClaytonR L Cooper Co20000Register of DeedsPrincipal Surety Agent AmountW G MasseyU S Fidelity andGuaranty CompanyR L Cooper0 5,00000Julia Ziady Curley,DeputyU S Fidelity andGuaranty CompanyR L Cooper5100000Clerk Superior CourtNora P SoutherlandTravelers IndemnityCompanyDayton Poole25,00000Acting SuperintendentWelfare DepartmentBruce D PalmerGreat American InsCompanyW C Stephenson5,00000Auditor and Tax SupervisorWilliam Hall BrittGreat American InsCompanyW C Stephenson5,00000William Hall BrittNational Surety CorpRoger A Smith5,00000Commissioner J D Bailey seconded the motion, which was carried35 Lease Johnston County_BoardL HomeOn motion made, seconded and carried, it was moved that H M Johnson be authorizedand directed to execute the following leaseNORTH CAROLINAJOHNSTON COUNTYTHIS LEASE AGREEMENT, made and entered into this first day of November, 1962, byand between the County of Johnston,a body politic and corporate, created by the GeneralAssembly of North Carolina, party of the first part, and Mrs Louise McGregor, of theCounty of Johnston and State of North Carolina, party of the second part,WITNESSETHThat subject to the terms and conditions hereinafter set forth, said party of thefirst part doth hereby let and lease unto the said party of the second part, and saidparty of the second part doth hereby accept as Lessee of said party of the first part,all of the personal property described, itemized and listed in Schedule A hereto att-ached, which is hereby incorporated in and made a part of this lease - agreement, and acertain parcel of land together with the buildings and other improvements thereon,lying and being in Smithfield Township, Johnston County, North Carolina, and more par-ticularly described as followsBeginning at a stake on N C Highway # 50 eastern edge of plantationcart way and runs thence in a northerly direction to a point in linewith the southern end of the farm machinery shed located on the countyhome property; thence in an eastwardly direction about 60 feet to apoint in line of the western end of the chicken yard; thence in a north-61ward direction along the line of the western end of thechicken yard to a point, southern end of pack barn; thencein an eastward direction about 20 feet; thence in an easterlydirection to a straight line to a point in the line of MrsAlonza Stephenson; thence as her line in a southerly direct-ion inN C Highway No 50; thence as highway No 50 west-ward to the point of beginningTo have and to hold the said real estate and premises together with all privilegesand appurtenances thereunto belonging to the said party of the second part for the termand upon the conditions hereinafter set forth and to have the possession of all of thepersonal property located on said real property enumerated in said Schedule A heretoattached upon the terms hereinafter statedTERMThis lease shall begin as of the 1st day of November, 1962 and unless sooner term-inated as herein provided, shall exist and continue until the 31st day of October,1963RENTALAs rental for said premises said party of the second part shall pay to the partyof the first and without notice or demand therefor, the sum of 400 per month, per bedfor maximum number of beds occupied, payable on or before the 10th day of the followingmonthLIGHTS, HEAT, WATER, ETCDuring the term of this lease party of the second part shall provide and pay forall lights,heat, water and sewer charges upon said demised premisesREPAIRSParty of the second part agrees to accept szid premises in their present condition,to make all necessary repairs during the term of this lease, except major repairs orrepairs amounting to more than 5000 for each item and at the termination thereof tosurrender said premises to said party of the first part in as good condition as thesame are now, ordinary wear and tear exceptedIMPROVEMENTS BY TENANTParty of the second part may at any time during the term of this lease make to thebuildings on said demised premises such minor alterations and additions as may benecessary for the proper use of said premises by the party of the second part, but itis agreed that all such alterations and additions which involve structural changes inany of the said buildings shall be approved by the party of the first part before theyare made All such alterations and additions shall become a permanent part of thereal estzte, and as such the property of the party of the first part The party of thesecond part agrees to keep the personal property herein leased in good repair andcondition, ordinary wear and tear excepted, and it is also agreed that the party of thesecond part will replace from time to time articles of personal property such as sheets,pillow cases, bedspreads, mattresses, and other linens, etc, listed in Schedule A asthe same become obsolete and worn out from usage or otherwise, by new articles of equalvalue and qualityIn the event of the termination of this lease by the act of the party of the firstpart before the end of term, the party of the first part agrees to reimburse the partyof the second part for the undepreciated value of said alterations, additions and re-pairs, based upon the life or term of the lease; but if said lease is terminated by theparty of the second part, for any cause, said party of the second part shall be entitledto no reimbursement for alterations, additions and repairsDAMAGE OR DESTRUCTION BYIf during the term of this lease the buildings on the demised premises are damagedby fire or other casualty in a minor degree, but not to the extent that it becomesnecessary for party of the second part to abandon the use of said premises, party of thefirst part shall repair such damages as quickly as is reasonably possibleBut if said buildings be damaged to such an extent that it is necessary for partyof the second part to abandon the use- thereof, then and in that event this lease shallterminate as of the date of such damageBANKRUPTCY OR INSOLVENCY OF TENANTIt is expressly agreed that if at any time during the term of this lease party ofthe second part shall be adjudged bankrupt or insolvent by any Federal or State Courtof competent jurisdiction, such adjudication shall terminate and cancel this leasewithout any further action on the part of either party hereto, and party of the first- - - part may at once reenter and take possession of said premises -December 3 1962 _ConeASSIGNMMENT AND SUBLETTINGParty of the second part shall not assign this lease or sub -let any part of thedemises property without the written consent of the party of the first part, and in theevent of the death of the party of the second part before the expiration of this lease,it is agreed that this lease - agreement shall immediately become null and void andterminateFORFEITURE FOR NON - COMPLIANCEIt is expressly agreed that if any monthly installment or rent as herein calledfor remain overdue and unpaid for sixty days party of the first part may at its optionat any time during such default declare this lease terminated and cancelled and takepossession of said premisesThis lease constitutes the entire contract between the party of the first part andthe party of the second part and none of the terms and conditions shall be varied or mod-ified unless such changes or modifications are reduced to writing and made a part of thelease However it is exressly understood and agreed between the parties hereto that thefailure of the party of the second part to comply fully and completely with the licensingrequirements of the State Board of Welfare of tdorth Carolina for adult boarding homesshall immediately and automatically terminate this leaseIn Testimony Whereof, the County of Johnston has caused these presents to be signedin its name by the Chairman of its Board of Commissioners, and its Corporate Seal to hehereto affixed, and attested by the Clerk of the said Board, all by order of a resolutionof its Board of Commissioners duly passed and carried; and the said party of the secondpart has hereunto set her hand and seal, this the day and year first above writtenCOUNTY OF JOHNSTONBy Signed H M JohnsonChairman, Board of CommissionersMrs Louise McGregorParty of the Second Part SealAttestW G Massey{Signed Clerk, Board of CommissionersWitness Alva Mae Groves, Smithfield, N C36 ReportsThe following reports were filed with the BoardElizabeth Lane Acting Tax CollectorWilson Jiggs Broadwell Civil Defense DirectorMrs Eleanor Hooks County LibrarianRupert Barbour Dog WardenL P Creech Veterans Service OfficerBruce Palmer Acting Director, Welfare DepartmentLloyd Gilbert Johnston Memorial HospitalOn motion made, seconded and carried, it was moved that the meeting be recesseduntil December 12, 1962, at 915 A M for the purpose of attending District meeting inNilson, N CrChairmanClerk